NARENDRA MOTIRAM BODKHE Vs. ADDITIONAL COMMISSIONER NAGPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The writ petition is directed against the order dated 9.8.1994 passed by the Chief Executive Officer, Zilla Parishad, Wardha, whereby the punishment of permanently withholding two increments was awarded, as well as order dated 16.10.1997 passed by the Appellate Authority whereby the appeal preferred by the petitioner against the order of punishment came to be dismissed, similarly the order dated 3.12.1997 passed by the Chief Executive Officer, Zilla Parishad, whereby the petitioner was suspended pending inquiry.

(3.) The learned counsel for the petitioner contended that the short point which falls for our consideration in the present writ petition is whether the awarding of punishment of withholding of two increments permanently is a major punishment and whether such punishment can be imposed by the Disciplinary Authority without holding departmental enquiry. It is contended that the issue is no more res-integra and is covered by the decision of the Apex Court reported in 1990 Vol. 2 Current Labour Reports 686 [Kulwqant Singh Gill vs. The State of Punjab]. It is contended that in view of the law laid down by the Apex Court, the punishment imposed, being a major punishment, could not have been imposed without conducting inquiry by the Disciplinary authority. The counsel for the petitioner states that in the instant case there is no departmental enquiry initiated against the petitioner for the misconduct alleged to have been committed by the petitioner in view of the complaint of one Rekha Rokde and therefore, the order of awarding punishment is unsustainable in law and needs to be quashed and set aside.